Saving America’s Mines Act

I 117TH CONGRESS 1ST SESSION H. R. 488 To prohibit a moratorium on mineral development on Bureau of Land Management and National Forest System land, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 25, 2021 Mr. STAUBER (for himself, Mr. EMMER, Mr. HAGEDORN, and Mrs. FISCHBACH) introduced the following bill; which was referred to the Com- mittee on Natural Resources, and in addition to the Committee on Agri- culture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdic- tion of the committee concerned A BILL To prohibit a moratorium on mineral development on Bureau of Land Management and National Forest System land, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Saving America’s 4 Mines Act’’. 5 SEC. 2. PROTECTING THE EXTRACTION OF CRITICAL MIN- 6 ERALS IN THE UNITED STATES. 7 (a) FINDINGS.—Congress finds the following: 8 VerDate Sep 11 2014 20:06 Feb 14, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H488.IH H488 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 488 IH (1) It is the policy of the United States Forest 1 Service to foster and encourage mineral development 2 on National Forest System lands in an ecologically 3 sound manner. 4 (2) Mineral development is an important land 5 use within the multiple-use mandate of the Bureau 6 of Land Management. 7 (3) Development of the minerals of the United 8 States is necessary for batteries, energy production, 9 national security, and health care technology. 10 (4) Unilateral mineral withdrawals on Federal 11 lands increases the reliance of the United States on 12 countries with horrific labor and environmental 13 standards, including Russia, China, and the Congo. 14 (b) IN GENERAL.—Notwithstanding any other provi- 15 sion of law, the President or Secretary concerned may not 16 declare a moratorium on or reverse any existing lease, per- 17 mit, or claim, on the mining and extraction of any critical 18 mineral or common varieties of sand, stone, and gravel 19 on National Forest System or Bureau of Land Manage- 20 ment land unless specifically authorized by an Act of Con- 21 gress, or upon the lessee, permittee, or claimant’s failure 22 to comply with any of the provisions of its agreement. 23 (c) DEFINITIONS.—In this section the following defi- 24 nitions apply: 25 VerDate Sep 11 2014 20:06 Feb 14, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H488.IH H488 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 488 IH (1) CRITICAL MINERAL.— 1 (A) IN GENERAL.—The term ‘‘critical min- 2 eral’’ means any mineral, element, or substance 3 of material— 4 (i) that is essential to the economic or 5 national security of the United States; 6 (ii) the supply chain of which is vul- 7 nerable to disruption, including— 8 (I) restrictions associated with 9 foreign political risk; 10 (II) abrupt demand growth; 11 (III) military conflict; 12 (IV) violent unrest; 13 (V) anti-competitive or protec- 14 tionist behavior; and 15 (VI) any other risk throughout 16 the supply chain; and 17 (iii) that serves an essential function 18 in the manufacturing of a product, the ab- 19 sence of which would have significant con- 20 sequences for the economic or national se- 21 curity of the United States. 22 (B) EXCEPTION.—The term ‘‘critical min- 23 eral’’ shall not include— 24 (i) any fuel; or 25 VerDate Sep 11 2014 20:06 Feb 14, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H488.IH H488 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 488 IH (ii) water, ice, or snow. 1 (2) SECRETARY CONCERNED.—The term ‘‘Sec- 2 retary concerned’’ means— 3 (A) the Secretary of the Interior, with re- 4 spect to matters concerning lands administered 5 by the Department of the Interior; and 6 (B) the Secretary of Agriculture, with re- 7 spect to matters concerning lands administered 8 by the Department of Agriculture. 9 Æ VerDate Sep 11 2014 20:06 Feb 14, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H488.IH H488 pamtmann on DSKBC07HB2PROD with BILLS